German Lawyer Announces Via Insta two lawsuits have been filed in Bavaria against the conditions tied to the first cultivation permits issued to cannabis clubs.

German Cannabis Business Assoc writes

Last week we filed the first two lawsuits against conditions in the first cultivation permits in Bavaria.

The cultivation associations resist the following requirements:

1. Limits
The LGL prescribes regular tests and limit values for a total of 14 substances / values. It was based on medical standards. According to Section 17 (4) KCanG, the BMEL is solely responsible for setting such limit values in agreement with the Ministry of Health. It is also absurd to orientate yourself towards medical standards for community-based self-cultivation, which, for example, are far stricter than limit values for tobacco.

First lawsuits against conditions in Bavaria’s cultivation permits

2025-05-28 | According to lawyer Johannes Nelkenstock on Instagram, two lawsuits have been filed in Bavaria against the conditions tied to the first cultivation permits issued to cannabis clubs. The cultivation associations are contesting three key requirements: The thresholds for 14 substances set by the Bavarian Health and Food Safety Authority (LGL) are based on medical standards, although under Section 17 (4) KCanG only the Federal Ministry of Agriculture (BMEL), in consultation with the Health Ministry, should determine them.
Secondly, a mandatory six-hour annual participation per member is being challenged, as it may limit the clubs’ self-governance. Lastly, the LGL requires photocopies of all members’ ID cards – a measure deemed illegal and an infringement on informational self-determination rights.
As long as the lawsuits are ongoing, these conditions do not apply to the affected clubs, according to Nelkenstock. The issuance of Bavaria’s first cultivation permits took over nine months. In addition to strict regulations, the demand for designated special-use areas in municipal zoning plans now significantly hinders cultivation. While other federal states grant construction permits more flexibly, Bavaria is effectively obstructing club cultivation – benefiting the black market.

Lawyer Website Details

Establishment and consulting of
cannabis clubs/cultivation associations

As the first law firm in Germany, I have specialized primarily in the establishment and support of cannabis clubs since April 2023.

Since then, I’ve supported a large number of interested parties in establishing and conceptualizing their club, preparing applications for cultivation licenses, and handling all other legal matters. Cannabis clubs founded by me now exist in more than 50 cities across Germany.

The legal situation surrounding cannabis clubs is currently and will continue to be evolving in the coming years. The path to a functioning cultivation association is difficult to predict and is more like walking through a dense jungle with a machete.

Therefore, it is extremely important, especially in this phase, to identify all legal grey areas and potential stumbling blocks and to be able to react flexibly.

Through my large network of partner lawyers and tax consultants, as well as cultivation experts, plantation designers and software developers, I guarantee comprehensive and effective support for the associations, even beyond the legal area.

A clear guide to establishing a club and applying for a cultivation license can be found at cannabis-club-gründen.de

My goal is to make a decisive contribution to a diverse and well-functioning cannabis club scene in Germany.

Networking of cannabis clubs and pooling of expertise

As early as 2023, it quickly became apparent that the capacities of the few experienced experts in the field of cultivation associations would rapidly dwindle. Many associations will therefore be unable to access competent lawyers, tax advisors, facility planners, or grow consultants.

To prevent this bottleneck and enable as many club founders as possible to successfully operate their cannabis club, I, together with several partners, launched the CSC Connect platform . Here, you can network and exchange ideas, access specialist knowledge on association law and cannabis law, follow all relevant developments and case law, and establish contacts with selected experts and reputable companies in the industry. My consulting services are included in the CSC Connect package for club formation and cultivation license .

You can find more information and useful services on CSC Connect

Support for projects in the legal cannabis market

Beyond association law, I also support the implementation of projects related to cannabis in Germany.

I can draw on a large network of important international contacts within the legal cannabis industry and therefore have a good overview of the scene and the market.

Criminal defense

In addition to the topic of cannabis legalization, my passion is also criminal defense. I defend defendants and accused persons throughout Germany in drug-related criminal law.